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Case Briefs Database at
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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
R. v. Pavel
53 C.C.C (3d) 296
Facts
ON CA
Section 254(3) demand for blood by officer at hospital other than the one who had formed the belief earlier at the scene. Cst. Waddell had earlier made a 254(3) breath demand based on ASD fail but breath tests were never taken because accused complained of chest pains at police station.
Reasons
ON CA
The police officer demanding the breath or blood sample must be the same one who formulated the belief. In this case breath demand following ASD fail was valid but later blood demand by another officer not valid because second officer had no info about time of accident.
Issue
ON CA
Demand by officer other than the one who has the belief respecting offence in last 2 or 3 hours